About us Login Get email updates
Research
Print

Quick fact: Morris falsely claimed under House health bill, "[Y]ou can actually go to jail for not having health insurance"

November 09, 2009 10:51 pm ET — 4 Comments

Dick Morris falsely claimed that under the House health care bill, "[Y]ou can actually go to jail for not having health insurance."

Please upgrade your flash player. The video for this item requires a newer version of Flash Player. If you are unable to install flash you can download a QuickTime version of the video.

EMBED

From the November 9 broadcast of Fox News' Hannity:

DICK MORRIS: One of the provisions in the Pelosi bill is you actually can go to jail for not having health insurance. It says if you don't have health insurance, you have to pay a fine of 2.5 percent of your income to the government. And if you don't, you face $250,000 or five years in prison.

Can you imagine your prison yard? "What are you in for?" "Murder." "I'm in for rape." "I didn't have health insurance."

SEAN HANNITY: Well I don't mean to laugh, but, I mean, this is the reality.

Fact: Penalty for failure to purchase insurance is a tax, not jail time.

As Media Matters for America has documented, Section 501 of the House health care bill provides that an individual must be "covered by acceptable coverage at all times." "Acceptable coverage" includes "qualified health benefits plan coverage," "grandfathered health insurance coverage," "Medicare," "Medicaid," coverage provided to members of the armed forces and their dependants, "coverage under the veteran's health care program," people who receive health care "through the Indian Health Service," or other coverage deemed acceptable by the Secretary of Health and Human Services. If a person does not have acceptable health care coverage, Section 501 imposes a tax on that person "not to exceed the applicable national average premium":

Fact: Willful failure to pay taxes of any sort can result in civil or criminal penalties

A press release by Rep. Dave Camp (R-MI) relying on a letter from the Joint Committee on Taxation states that "Americans who do not maintain 'acceptable health insurance coverage' and who choose not to pay the bill's new individual mandate tax (generally 2.5% of income), are subject to numerous civil and criminal penalties, including criminal fines of up to $250,000 and imprisonment of up to five years." That section of the letter dealing with "civil and criminal penalties for noncompliance" specifies that Camp asked the committee to "discuss the situation in which the taxpayer has chosen not to comply with individual mandate and not to pay the additional tax." Thus, the letter is not discussing the penalties for failure to buy insurance, but the penalties for both failing to buy insurance and failing to pay the tax. The committee's letter explains that the tax code provides penalties to prevent tax evasion of any sort: "The Code provides for both civil and criminal penalties to ensure complete and accurate reporting of tax liability and to discourage fraudulent attempts to defeat or evade tax." [Joint Committee on Taxation letter, 11/5/09]

Expand All Expand 1st Level Collapse All Add Comment
    • Author by captfoster2 (November 09, 2009 11:22 pm ET)
      3 2
      I was flipping through the channels and inadvertently came across Cluster Fox while the prostitute toe sucker was spewing this garbage...

      I will never get those few precious brain cells that died as a result no matter how much brain food I eat.
      Report Abuse
    • Author by greybeards (November 10, 2009 4:47 pm ET)
         
      Does it not bother anyone that the Government is ordering American's to buy health insurance else pay a fine, or worse, go to jail?

      Where in the Constitution are they embedded with that power?

      Does it not bother anyone that it's the government, not the individual, who gets to decide what "acceptable coverage" for the individual is?

      But you guys would rather debunk what? Not that you will be thrown in the slammer for refusing to purchase health insurance, but rather for refusing to pay the fine associated with not purchasing health insurance as ordered.

      UNBELIEVABLE!
      Report Abuse
    • Author by MaineiacMan (November 10, 2009 4:55 pm ET)
      2  
      This is the second round for this thread. At this point Media Matters is just playing semantics with this one. Bottom line is this - If you do not buy insurance and then you do not pay the penalty (tax) the letter from the Joint Committee on Taxation lists 4 civil penalties and two criminal penalties.

      The criminal penalties are as follows -

      Section 7203 - misdemeanor willful failure to pay is punishable by a fine of up to $25,000 and/or imprisonment of up to one year.

      Section 7201 - felony willful evasion is punishable by a fine of up to $250,000 and/or imprisonment of up to five years.

      This letter shows that the government has the power to put you in jail for not having insurance and (obviously) not paying the penalty.

      You can discredit Dick Morris all you want, it isnt who said it that is important, it's whether or not it's a true statement.


      Report Abuse

my.MediaMatters.org

Login  Sign Up

Push Back

Phone calls, emails and letters from the public do make a difference. Remember that to be effective you must be polite, and professional. Express your specific concerns regarding that particular news report or commentary, and indicate what you would like the media outlet to do differently in the future.